n the barons, the tenants
in capite by knights' service and these, however inferior in power or
property, held by a tenure which was equally honorable with that of the
others. A barony was commonly composed of several knightsr fees:
and though the number seems not to have been exactly defined, seldom
consisted of less than fifty hides of land:[*] but where a man held of
the king only one or two knight's fees, he was still an immediate vassal
of the crown, and as such had a title to have a seat in the general
councils. But as this attendance was usually esteemed a burden, and
one too great for a man of slender fortune to bear constantly, it is
probable that, though he had a title, if he pleased, to be admitted,
he was not obliged by any penalty, like the barons, to pay a regular
attendance.
[* Four hides made one knight's fee: the relief of
a barony was twelve times greater than that of a knight's
fee; whence we may conjecture its usual value. Spel. Gloss,
in verb. Feodum. There were two hundred and forty-three
thousand six hundred hides in England, and sixty thousand
two hundred and fifteen knights' fees; whence it is evident
that there were a little more than four hides in each
knight's fee.]
All the immediate military tenants of the crown amounted not fully to
seven hundred, when Domesday-book was framed; and as the membeirs were
well pleased, on any pretext, to excuse themselves from attendance, the
assembly was never likely to become too numerous for the despatch of
public business.
So far the nature of a general council or ancient parliament is
determined without any doubt or controversy, The only question seems to
be with regard to the commons, or the representatives of counties and
boroughs; whether they were also, in more early times, constituent parts
of parliament. This question was once disputed in England with great
acrimony; but such is the force of time and evidence, that they can
sometimes prevail even over faction; and the question seems, by general
consent, and even by their own, to be at last determined against the
ruling party. It is agreed, that the commons were no part of the great
council till some ages after the conquest; and that the military tenants
alone of the crown composed that supreme and legislative assembly.
The vassals of a baron were by their tenure immediately dependent on
him, owed attendance at his court, and paid all their duty to the
|